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NCLT initiates insolvency proceedings against Flipkart; Bengaluru HC stays order

News Network
November 7, 2019

Bengaluru, Nov 7: The National Company Law Tribunal (NCLT) initiated insolvency proceedings against the Walmart-owned e-commerce company Flipkart for defaulting on Rs 18 crore payment to one of its suppliers. However, the NCLT order was stayed by the Karnataka High Court after Flipkart approached it. 

The Bengaluru bench of the NCLT initiated Corporate Insolvency Resolution Process (CIRP) against Flipkart India under the Insolvency and Bankruptcy Code, 2016, after a case was filed by Cloudwalker Streaming Technologies seeking CIRP against Flipkart on the grounds that it has committed default on payment of Rs 26.95 crore on supply of LED TVs.

A moratorium had been placed prohibiting the pending case judgements, sale of assets and property, and the Board of Directors asked to extend full cooperation to the insolvency resolution process. 

In its petition, Cloudwalker told NCLT that Flipkart failed to collect all the TVs ordered, failed to pay the excess charges and costs as promised and failed to honour its commitment. Cloudwalker claimed that due to Flipkart's failure in fulfilling its commitment, it was forced to unload the uncollected goods at heavily marked-down price, just so it could remain afloat.

Cloudwalker said it had sent a demand notice to which there has been no reply from Flipkart, and said that it has "consistently and persistently failed, omitted and neglected to discharge its admitted and acknowledged debt and liability." Cloudwalker, in the petition, said that it is apparent that Flipkart is commercially insolvent and is unable to pay its debts. 

Flipkart argued in NCLT that the petition is not maintainable either in law or on facts and it is liable to be rejected with exemplary costs.

Flipkart said that it has already paid Rs 85.57 crore and the allegation that it has no money to pay its liabilities or debt is "baseless, frivolous, bereft of truth and filed with malafide intentions".

"Karnataka High Court has stayed the order of the NCLT in favour of Flipkart. This is an ongoing commercial litigation, which we are challenging. At this stage, we have no further comments," Flipkart spokesperson said in an email response.

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News Network
July 28,2020

Bengaluru, Jul 28: Several state Congress leaders, including its President D K Shivakumar, among others, were detained by police as they tried to march towards Raj Bhavan here against the alleged attempts by BJP to topple the party's government in Rajasthan.

Shivakumar, along with Leader of the Opposition Siddaramaiah, state Congress Working President Eshwar Khandre, Salim Ahmed among others were stopped by the police midway as they marched from KPCC office towards Raj Bhavan.

Congress leaders then staged a dharna at the place where they were stopped. Addressing the gathering, Shivakumar accused the BJP of trying to "murder" democracy by destabilizing and removing elected governments.

"We wanted to protest against it and submit a memorandum to the President through the Governor," but the Karnataka government by using police was not letting them proceed towards Raj Bhavan, he said. "Despite our being a peaceful protest, the police stopped us," he said.

Siddaramaiah, echoing similar views, said peaceful protests against injustice was the right of every citizen. Alleging that the BJP was attempting to destabilise and remove the elected government in Rajasthan as it did in Karnataka and Madhya Pradesh, he said the Governor's office there (Rajasthan) was being 'misused'.

The Governor was working like an agent of the central government, he charged. He said, despite repeated appeals by the Rajasthan cabinet, the Governor there had not convened the assembly session, for the floor test to take place and for Congress to prove its majority. Police subsequently detained Shivakumar and some other Congress leaders and took them to a nearby police station.

They were later released. Meanwhile, as the Congress' protest amid Covid19 pandemic did not follow social distancing norms, Medical Education Minister K Sudhakar hit out at that party's leaders. In a tweet Sudhakar said, for Congress leaders getting publicity was more important than social concerns.

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News Network
March 18,2020

Thiruvananthapuram, Mar 18: Bindhu Sampath, the mother of Nimisha alias Fathima who travelled from Kerala to Afghanistan to join the Islamic State (IS), has sought the Central government's help to bring her daughter back to India.

"I saw a video of my daughter in which she was requesting her return to India. She has realised that India is her country, not Afghanistan. She is scared that she'll be put in jail over there. Responding to my mail, the Afghanistan government has said that the procedure will take time," said Bindhu Sampath.

"I believe in Indian laws. Let her be questioned and realise what is good or bad. I am waiting for the Central government's confirmation on the matter," added Sampath.

Around four years back, a team of 21 members which consisted of couples and children went to Syria from Kerala to join ISIS and lead an Islamic life. After they left, police registered a case against them, which has been handled by the National Investigation Agency.

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News Network
January 16,2020

Mangaluru, Jan 16: Following the widespread protests against the National Register of Citizens (NRC) and Citizenship Amendment Act (CAA), former minister and MLA UT Khader on Thursday urged the Centre and State government to address the concerns of the people.

Speaking to reporters here on Thursday, he said there is widespread confusion among the public with regard to the implementation of the Act. People are reluctant to open their doors to Asha workers, out of fear that the NRC exercise is being implemented, said Khader.

He urged the chief minister and home minister to gain the trust of the people on the CAA issue.

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